Legal Definitions - nisi decree

A nisi decree, more commonly referred to as a decree nisi, is a provisional court order that will become final at a later date, unless a valid reason is presented to the court to prevent it. The term "nisi" comes from Latin and means "unless." Therefore, a decree nisi is a conditional order that takes effect only if certain conditions are met or, more precisely, if no valid objections are raised within a specified period.

This type of decree is most frequently encountered in divorce proceedings, where it signifies the court's initial approval of the divorce. It allows a waiting period during which either party or the court itself can raise concerns before the divorce is finalized with an absolute decree.

• Example 1: Standard Divorce Progression

  After Sarah and Michael agree on the terms of their divorce, the court reviews their petition and issues a decree nisi. This order states that their marriage will be legally dissolved after a mandatory waiting period (often six weeks and one day), unless either Sarah, Michael, or the court identifies a legal reason to prevent the divorce from becoming final. During this period, they remain legally married, but the path to divorce is set, pending no objections.

  This illustrates the term because the decree is provisional; it will become final "unless" an intervention occurs during the waiting period.

• Example 2: Discovery of Undisclosed Assets

  During the divorce proceedings between Emily and David, the court grants a decree nisi. Before the decree can be made absolute, Emily discovers compelling evidence that David intentionally concealed a significant investment portfolio during their financial disclosures. Emily can then apply to the court to prevent the decree nisi from becoming absolute, arguing that the financial settlement needs to be re-evaluated based on the newly discovered assets.

  This demonstrates the "unless" condition, as the discovery of new, material information provides a valid reason to challenge the finalization of the decree.

• Example 3: Procedural Irregularity

  A court issues a decree nisi in a divorce case involving Mr. and Mrs. Chen. However, it is later brought to the court's attention that a crucial procedural step, such as ensuring proper service of the divorce petition to Mrs. Chen, was not correctly followed. The court, upon realizing this error, might intervene to prevent the decree nisi from becoming absolute until the procedural irregularity is rectified, ensuring that due process is properly observed for both parties.

  Here, the procedural error acts as the "unless" condition, preventing the provisional decree from becoming a final order until the legal process is correctly completed.